SECTIONS

1. Short title, extent and commencement.

2. Definitions.
3. Lands to which this Act applies.
4. Vesting of rights in panchayats and non-proprietors.
5. ~gulation of use and occupation, etc., of lands vested or deemed to have been vested in ponchayats.
6. Appeal.
7. Power to put panchayats in possession of lands vested or deemed to have been vested in it.
8. Saving of existing possession.
9. Utilisation of income.
10. Bar of compensation.
11. Sales of land in Shamilat deh not to be pre-emptible.
12. Rent of shamilat lands to be recoverable as arrears of land reveMue.
13. Bar of jurisdiction of civil courts.
14. Indemnity.
15. Power tc.,:nake rules.
16. Repeal and saving.

ITHE PUNJAB VILLAGE COMMON LANDS (REGULATION) ACT, 1961

(PUNJAB ACT NO. 18 OF 1961)

[Received the assent of the President of India on the 22nd April, 1961, and first published for general information in the PUNJAB
GOVERNMENT GAZETTE(Extraordinary). Legislative Supplemf;nt, of the 4th May, 1961].

2 3 4
No. Short title Whether affected by legislation

The Punjab Village Common Lands Amended by Punjab Act 19 of 19642

(Regulation) Act, 1961 Amended by Punjab Act 13 of 19653
Amended by Punj& Adaptation of Laws
(State and concurrent Subjects) Order, 1968

An Act to consolidate and amend the low regulating the rights in shami/at deh abodi deh

Be it enacted by the Legislature of the Stote of Punjab in the twelfth Year of the Republic of India as follows:-

1. Short title, extent and commencement.-( 1) Thi.sAct may be called the Punjab Village Common Lands (Regulation) Act,
1961.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force at once.

2. Definitions.-In this Act, unless the context otherwise requires,-

(0) "Collect~r" means the Collector of the district in which the village is situated and includes an officer, not below the rank
of an Assist.antCollector of the First Grade, appointed by the State Government to perform the functions of a Collector
under .this Act; .
(b) "displaced person" means a person defined as such in the East Punjab Displaced Persons (land Resettlement) Ad,
1949, or the Patiala and East Punjah Stote Union Displaced Persons (lond Resettlement) Ordinance, 2006 Bk.;
'+[(bb) 'hilly area' means-

1 ForStatement of Objects and Rea~'ns, see Punjab Government Gazette (Extraordi nary), 1958 page 1503.
2For Statement of Objectsan'd Ren" 'lS, see Punjab Government Gazette, (Extraordinary), 1964, Page 285.
3For Statement of Objects and Rea~uns, see Punjab Government Gazette (Extraordinary), 1965, page 362.
4Clause (bb) substHutel:l by Punjab Adaptation of Laws (State and Concurrent Subject), Order, 1968.
 (i) Dhar Kalan'Slock in Gurdaspur District;
(ii) Hoshiarpur, Bajwara, Bhunga, Talwara, Dosuya, Mahalpur, Bolachaur and Soroya Blocks in Hoshiorpur

(iii) Rupar, Majri, Nurpur Bedi and Anandpur Sahib Blocks in Rupar District,).
(c) "house" includes a courtyard whe ••.•Elr walled or not;
(d) "inhabitant of a village" means a person, whether a proprietor or a non-proprietor, who ordinarily resides in the
village;
Provided that temporary absence or absence in relation to employment elsewhere sholl not effect his residence in the
village;
(e) "panchayat" means a panchayat constituted or continued under the Punjab Gram Panchayat Act, 1952, or the Pepsu
Panchayat Raj Act, 2008 B.K., and includes a municipal committee of a municipality of the third closs declared as such
by section 10 ofthe Pepsu Municipal (Amendment) Act, 1956;
(f) "prescribed" means prescribed by rules mode under this Act;
(g) "shamilat deh" includes-
( 1) lands described in the revenue records as shamilat deh excluding abodi deh;
(2) shamilat tikkas;
(3) lands described in the revenue records as shamilat, tarafs, pattis, pannas and tholas and used according to
revenue records for the benefit of the village community or a part thereof or for common purposes of the
village;
(4) lands used or reserved for the benefit of village community including streets, lones, playgrounds, schools, drinking
wells, or ponds within abadi deh or gorah deh; and
(5) lands in any village described as bonjar qadim and used for common purposes of the village according to revenue
records;
Provided that shamilat deh at least to the extent of twenty-five per centum of the total area of the village does not exist in the
village;
but does not include land which-
(i) becomes or has become shamilat deh due to river action or has been reserved as shomilat in villages subject
to river action except shamilat deh entered as pasture, pond or playground in the revenue records;
(ii) has been allotted on quasi-permanent bosis to a displaced person;
(iii) has been partitioned and brought under cultivation by individual landholders before the 26th January,
1950;
(iv) having been acquired before the 26th January, 1950, by a person by purchase or in exchange for
proprietary land from a co-sharer in the shamilat deh is so recorded in the jamabondi or is supported by 0
valid died;
(v) is described in the revenue records as shamilat taraf, pattis, pannas and thola and not used according to
revenue records for the benefit of the village community or a part thereof or for common purposes of the
village;
(vi) lies outside the abadi deh and is used as gitwar, bora, manure pit or house or for cottage industry;
1[(vii) * * * *].
(viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of
co-sharers not being in excess of their respective shares in such shamilat deh on or before the 26th January,
1950; or
(ix) is used as a place of worship or for purposes subservient thereto;
(h) "shamilat law" means-
(i) in relation to land situated in the territory which immediately before the 1st November, 1956, was comprised in
the State of Punjab, the Punjab Village Common Lands (Regulation) Act, 1953; or
(ii) in relation to land situated in the territory which immediately before the 1st November, 1,956, was comprised in
the State of Patiala and East Punjab States Union, the Pepsu Village Common Lands (Regulation) Act, 1954;
(iii) "State Government" means the Government of the State of Punjab.

3. Lands to which this Act applies.-( 1) This Act shall apply, and before the commencement of this Act, the shamilat law shall
be deemed always to have applied, to all lands which are shamilat deh as defined in clause (g) of section 2.
(2) Notwithstanding anything contained in sub-section (1) or section 4, where any land has vested in a panchayat under the
shamilat law but such land has been excluded from shamilat deh as defined in clouse (g) of section 2, all rights, title and interest
of the Panchayatin such land shaJI, as from the commencement of this Act, cease and such rights, title and interest sholl be
revested in the person or persons in whom they vested immediately before the commencement of the shamilat
1 Omitted, by Punjab Ada'ptation of Laws {State andlconcurrent Subjects lOrder, 1968.
law and the panchayat shall deliver possession of such land to such person or persons: •
Provided that where a panchayat is unable to deliver possession ot ony such lond on occount of its having been sold or .
utilised for ony of its purpases, the rights, title and interest of the panchoyot in such land shall not so cease but the panchayot
shall, notwithstanding anything contained'in section 10, pay to the person or persons entitled to such land compensotion to be
determined in accordoncewith such principles and in such manner as may be prescribed.
4. Vesting of rights in Panchoyats al')d non-proprietors. - (1) Notwithstonding anything to the controry contained in any
other law for the time being in force or in any agreement, instrument, custom or usage or any decree or order of any court or
other authority, all rights, title and interests whatever in the land,-
(0) which is included in the shamilat deh of any village and which has not vested in a panchoyot under the shdmilat law
shall, at the commencement of this Act, vest in a panchayat constituted for: such'village, and, where no such panchoyot
, has been constituted for such village; vest in the panchayat on such dote os 0 panchoyot having jurisdiction over thot
village is constiTuted;
(b) which· is situated within Or outside the abodi deh of 0 villoge ond which is under the house owned by 0 non-proprietor,
sholl on the commencement of the shamilot law, be deemed to have been vested in such non-proprietor.
(2) Any land ~hichis vested in a panchayat under the shamilat law shall be deemed to have been vested in the panchoyat
under this Act.
(3) Nothing !=ontoined in clause (0) of sub-section (1')and in sub-section (2) sholl affect or sholl' be deemed ever to hove
affected the-
(i) existing rights, title or interest of persons who though not entered as occupancy tenants in the revenue records ore'
accorded a similar status by custom or otherwise, such as Dholidars, Bhondedors, Butimars, Bosikhuopahus,
Saunjidars, Muqararidars;
(ii) rights' of persons in cultivating possession of shamilat deh for more than twelve years without payment of rent or by
payment of charges not exceeding the land revenue.and cesses payable thereon;
(iii) rights of a mort~agee to whom such land is mortgaged with possession before, the 26th Jonuary,1950.

5. Regulation 6fuse and occupation, etc. of lands vested or deemed to hove been vested· in panchoyots. -( 1) Alllonds vested
or deemed to have been vested in a Panchayat under this Act shall be utilised or disposed of by the Ponchoyat for the benefit of
the inhabitants of the village concerned in.the manner prescribed:
Provided that where two or more villages have a common Panchayat the shomitat deh ofeach village sholl be utilised ond
disposed of by the Panchoyat for the benefit of the inhabitants, of that village:
Provided further that where there are two or mo~ shamilat tikkas in a village the shamUat tikka sholl be utilised and disposed
of by the Panchayat for the benefit of the inhabitants of that tikka:
Provided further that where the area of land in shamilQt deh of any village so vested or deemed to have been vested in 0
Panchayat is in excess of twenty-five per cent of the total area of that villoge (excluding abad! deh) then twenty-five per cent of
such total area shall be left to the Panchayat EJndout of the remaining area of shamilat deh on area up tp the extent of
twnety-five per cent of such total ar~a shall be utilised for the settlement of landless tenonts and other tenants ejected or to be
ejected of that village and the remaining area of shamilat deh, if any, sholl be utilised for distribution to the smalliondowners of
that village subject to the provisions relating to permissible area and permissible limit of the Punjob Security of lond Tenures
Act, 1953 and the Pepsu Tenancy and Agriculturallonds Act, 1955, os the case moy be, by the Collector in consultotion with the
Ponchayat in such monner as may be prescribed.
(~) The area of shamilat deh to be utilised for the purposes ofthe third provIso t~ sub-section (l ) shall be demarcated by such
officer in consultation with the Panchayat and in such manner as moy be P!escribed.
(3) The State Government or any officer authorised by it in this behalf may from time to time, with 0 view to ensuring
compliance with the provision of the second proviso to sub-section ( 1) or sub-section (2), issue to ony Panchayat such directions
as may be deemed necessary.
1[(4) Nothing contained in the third proviso to sub-section (1), and in sub-section (2) ond sub-section (3), shall opply to the
hilly area.]

6. Appeal. - ( 1) If any person is aggrieved by on oct or decision of a Ponchayot under section 5, he may, within thirty doys
from the date of such act or decision, appeal to the Collector who moy confirm, reverse or modify the oct or decision, or moke
such other order os he thinks to be just and proper.
(2) Th~ appellate order of the Collector sholl be final.

7. Power to put panchayots in possession of lands vested or deemed to have been vested in it.-( 1) An Assistont Collector of
the first grode having jurisdiction in the villoge sholl on an application made to him by a Panchayat, after making such summory
•enquiry as he may think fit and in accardance with such procedure as may be prescribed, put the Panchayat in possession of the
land or other immovable property in the shamilat deh of that village which vests or is deemed .to hav~ been vested In It under
this Act and for so doing the Assistant Collector may exercise the powers of a revenue court In relation to the execution of a
decree for Dossession of land under the Punjab Tenancy Act, 1887.
(2) An Assistant Collector of the first grade having jurisdiction in the village ~ay, either suo m.otu or on on application mode
to him by a Panc~ayat or on inhabitant of the village eject in the manner and In accordance with the procedure referred to In
sub-section (1), any person who is in wrongful or unauthorised possession of any land or other Immovable property In the
shamilat deh of that village which vests or is deemed to have been vested in the Pancbayat under thiS Act.
(3) An appeal against the order of the Assistant Collector sholl lie to the Collector ..
(4) An appeal against the appellate order of the Collector sholl he to the Commissioner.
(5)'The period of limitation for on appeal under sub-section (2) and (3) sholl run from the date of the order appealed
against, and sholl be-
(a) thirtyoays, when the appeal lies to the Collector; and
(b) sixty days, when the appeal lies to the Commissioner .

. 8. Saving of existing possession.-{ 1) Where on any land in the shamilat.deh imm~diately before it vests or is deemed to h~ve
been vested in a Panchayat under this Act, a person is in cultivating possession and hiSuncut and ungathered crops are sta.ndlng
thereo", he sholl not be ejected from such land unless the crops have ripened and he has been allowed reasonable time to

harvest them. . h' h' d th f

(2) Any person aggrieved by any determinationmaqe b a Panchayat under sub-section (1) may, Wit In t Irty ays ereo,
appeal to the Collector whose decision thereon sholl be final.

9. Utilisation of income.-Any income accruing from the use and occupation of the lands vested or de~med to have been
vested in a Panchayat sholl be credited to the, Panchayat Fund and sholl be utilised in the manner preSCrIbed.

10. Bar of compensation. - No person sholl be entitled to any compensation for any loss suffered or alleged to have been
suffered as a result of the coming into force of this Act or of the shamilat low.

1[10~A.Power of Collector to cancel or vary leases ete. OT lands vested In Panchayats.-{l) Notwithstanding anything
contained in this Act or the Shamilat Law or in any other low for the time being in force, the Collector may call for fro'm any
Panchayat in his district the record of any lease, contract or agreement entered into by the Panchayat in respect of any land
vested or deemed to be vested in it, whether such lease, contract or agreement is entered into before or after the
commencement of the Punjab Village Common Lands (Regulation) Amendment Act, 1964, and examine such record for the
purpose of satisfying himself as to the legality or propriety of such lease, contract or agreement.
(2) Where, on examination of the record unde'r sub-section (1) and after making such inquiry, if any, as he may deem fit, the
Collector is satisfied that such lease, contract or agreement-
(i) has been entered into in contravention of any of the provisions of this Act or the rules made thereunder; or
(ii) has been entered into as a result of.fraud or concealment of facts; or
(iii) is detrimental to the interests of the Panchayat as prescribed; the Collector may, notwithstanding anything as
aforesaid, cancel the lease, contract or agreement or vary the terms there.of unconditionally ~r subject to such
conditions as he may think fit:
Provided that no order under this sub-section sholl be passed by the Collctor without affording an opportunity of being
heard to the parties to the lease, contract or agreement,
(3) Where the terms of any lease, contract or agreement have been varied by the Collector under sub-section (2), the
variation sholl notwithstanding anything contained in this Act or the Shamilat Law or in any law for the time being in force, be
binding on the parties to the lease, contract or agreement, as the case may be.
(4) Where the lessee or the person with whom a contract or agreement has been entered into by a Panchayat refuses to
accept the variation made by the Collector under this section in the terms of his lease, contract or agreement, such lease,
contract or agreement, as the case may be, shall be deemed to be cancelled by the Collector under this section with effect from
the date af such refusal.
(5) Where under thissedion any lease, contract or agreement is cancelled or deemed to be cancelled or its terms are varied,
the lessee or the person with whom the contract or agreement has been entered into, who suffers by such cancellation or
variation, is entitled to receive compensation to be assessed by the Collector for any loss or damage ca~'led to the lessee or such
person which naturally arose in the usual course of things from such cancellation or variation.
 Provided that no such compensation shall be given for any remote and indirect loss or damage sustained by reason of such
cancellation or variation.
(6) Notwithstanding anything contained in any law for the time being in force, the amountof compensation ov/arJed by the
Collector under this section shall be payable by the Panchayat in the prescribed manner and shall be a valid charge on the
Sabha fund.
(7) Any party to a lease, contract or agreement agrrieved by any order of the Collector made under this section may, within a
period of thirty days from the date of such order, appeal to the Commissioner whose decision thereon shall be final.

11. Sale of land in Shamilat deh not to be pre-emptible. - Notwithstanding anything contained in the Punjab Pre-emption
Act, 1913, no sale of land in shamilat .Deh made by a Panchayat shaHbe pre-emptible and no decree of pre-emption in respect
of any such sale shall be executed after the commencement of this Act.

12. Rent of shamilat lands to be recoverable as arrears of land revenue.-Any arrears of rent payable to a Panchayat in
respect of any land in shamilat deh vested or deemed to have been vested in it. under this Act or the shamilat law shall be
recoverable as arrears of land revenue.
r.,,"'Ji:
13. Bar of Jurisdiction of civil courts. - No civil court shall have any jurisdiction over any matter arising out of the operation of
this Act.

14. Indemnity. - No suit, prosecution or other legal proceedings shall lie against the State Government or any person or
authority for anything done or intended to be done in good faith in pursuance of the provisions of this Act.

1[14-A. Saving.-Nothing contained in this Act or the Shamilat Law shall-

(a) affect or shall be deemed over to have affected any right of the State Government in the land vested or deemed to be
vested in a Pancheyat under this Act; or
(b) entitle or shall be deemed everto have entitled a Panchoyat or any other authority under this Act or the Shamilat Law
to exercise any right or to do any act in respect of any land in the hilly area vested or deemed to be vested in the
Panchayat whether such land has or has not been declared as a protected forest under section 29 of the Indian Forest
Act, 1927, in contravention of the provisions of that Act or the rules made thereunder]
15. Power to make ru1es.-(1) The State Government may, by notification in the Official Gazette, makeJ -
rules for
carrying out the purposes'of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(0) the principles o. which and the extent to and the manner in which the inhabitants of the village shall make use
of lands vested or deemed to have been vested in a Panchayat;
(b) the maximum and minimum area to be leased to any single person;
(c) the prescribing of forms for such books, entries, statistics and accounts as may be considered necessary to be kept,
made or compiled in any office or submitted to any authority;
(d) determining the principles onwhichand the manr,er in which compensation may be paid under sub-section (2) of
section 3;
(e) the terms and conditions on which the use and occupation of any such land is permitted;
(f) the manner and circumstances in which any such land may be disposed of, transferred or sold;
(9) t~e purposes for which any such land may be given free of charge;
(h) the regulation of procedure where a Panchayat is sued in its representative capacity;
(i) the manner and the order of priority in which the excess area snail be utilised by the Collector under sub-section (1) of
section 5;
(j) the officer by whom and the manner in which the area of shamilat den referred to in sub-section (2) of section 5 shall be
demarcated; and
(k) any other matter which can be or may be prescribed.

16. Repeal and Savi ng. -The Punjab Village Common Lands (Regulation) Act, 1953 and the Pepsu Village Common Lands
(Regulation) Act, 1954 are hereby repealed:
Provided that anything done orany action taken under any law so repealed shall deemed to have been done or taken under
the corresponding provision of this Act and shall continue to be in force accordingly unless and until
superseded by anything done or any action was taken under this Act.
!Section 14A inserted by Punjab Act 19 of 1964, section 5.
Na":- This Act has been repealed by section' 15 ohhe H.P. Village Common Lands Utilisaft6lfACf;T9n:"The Act is relevant for
reference as per provisions contained u/s 3 and 4 of. HP Act No. 18 of 1974., '